Neighbour problems
Mar 28th 2011, 11:11 am
#1
Forum Regular
Thread Starter
Joined: Mar 2007
Posts: 95
Neighbour problems
Hello
Can anyone help? We live in an apartment with only 2 other apartments in the converted house.
For 3 years now, and continuing this year we have had so many problems with the neighbours below. We are first floor (a couple) and above is a single man who is great! Below is a family, couple + 2 kids.
I arrived in Feb 2007 and the problems started in 2008. When we bought the flat it was quiet and clean surroundings. The previous owner was a policeman who kept tight control over the neighbours below (so we discovered after).
Sadly I lost my father in December 2007, spent the month in UK. On return the man below had started shouting at his kids every day, several times a day. I asked his wife politely to ask him to try and make an effort to shout less as I was very stressed. For a short while it was better but then restarted so I spoke to him. He replied 'I will try' no apology.
Things got worse after, their patio under our kitchen window became a tip. They started leaving bowls of whole fish for their cats 2/3 months, cat litter trays not cleaned out, various other stuff and piles of trash.
Following these hygiene problems they started slamming doors, screeching chairs on tiled floor.
The shared garden area too became a dumping area and they have monopolised the garden (although they insist they don't). They have installed rabbits (6)in the garden, they are neglected and stink. I am in contact with what used to be the DSV.
We were sold the flat in that we owned all the garden and then discovered it was shared. In fact it's still owned by the previous owner of the whole property (he converted to flats). Can we claim misinformation against the estate agent? (it was told to us verbally)
The latest problem is a van parked in the driveway, smoking every day incl Sunday from 6am. It's a mobile work bread van (he was a baker/ patissier who lost his job 3 years ago). The smoke is right under my bedroom window and can be all day! The smoke is from the wood oven, sometimes he burns wood with paint on, AH! We are unable to open the windows, so dreading the summer. Also need to open due to some damp problems.
We have contacted the DASS, Mairie, CDAD (mediator service) and recently the Gendarmes. All have helped a little but the problems continue. We have been told that the only solution is the courts now, costing more time and money. We are prepared to do this but are still wondering if there are any laws to help us to resolve this quickly.
We have also had syndicate meetings with a small amount of progress but this man is arrogant and stubborn. Even the mayor has had problems with him! Also this idiot is the syndic, we are in the process of removing him.
We have discovered recently he has mismanaged the account.
I suffer from frequent bouts of bronchitis so the van business is really affecting me. I have today asked the doctor to write a note to confirm these problems.
Any ideas/ suggestions??? We want to move but have had estimations and of course the value has gone down due to the exterior and the van. It would be difficult to sell at the moment with all the problems.
I feel as though I'm living someone else's life!!
Can anyone help? We live in an apartment with only 2 other apartments in the converted house.
For 3 years now, and continuing this year we have had so many problems with the neighbours below. We are first floor (a couple) and above is a single man who is great! Below is a family, couple + 2 kids.
I arrived in Feb 2007 and the problems started in 2008. When we bought the flat it was quiet and clean surroundings. The previous owner was a policeman who kept tight control over the neighbours below (so we discovered after).
Sadly I lost my father in December 2007, spent the month in UK. On return the man below had started shouting at his kids every day, several times a day. I asked his wife politely to ask him to try and make an effort to shout less as I was very stressed. For a short while it was better but then restarted so I spoke to him. He replied 'I will try' no apology.
Things got worse after, their patio under our kitchen window became a tip. They started leaving bowls of whole fish for their cats 2/3 months, cat litter trays not cleaned out, various other stuff and piles of trash.
Following these hygiene problems they started slamming doors, screeching chairs on tiled floor.
The shared garden area too became a dumping area and they have monopolised the garden (although they insist they don't). They have installed rabbits (6)in the garden, they are neglected and stink. I am in contact with what used to be the DSV.
We were sold the flat in that we owned all the garden and then discovered it was shared. In fact it's still owned by the previous owner of the whole property (he converted to flats). Can we claim misinformation against the estate agent? (it was told to us verbally)
The latest problem is a van parked in the driveway, smoking every day incl Sunday from 6am. It's a mobile work bread van (he was a baker/ patissier who lost his job 3 years ago). The smoke is right under my bedroom window and can be all day! The smoke is from the wood oven, sometimes he burns wood with paint on, AH! We are unable to open the windows, so dreading the summer. Also need to open due to some damp problems.
We have contacted the DASS, Mairie, CDAD (mediator service) and recently the Gendarmes. All have helped a little but the problems continue. We have been told that the only solution is the courts now, costing more time and money. We are prepared to do this but are still wondering if there are any laws to help us to resolve this quickly.
We have also had syndicate meetings with a small amount of progress but this man is arrogant and stubborn. Even the mayor has had problems with him! Also this idiot is the syndic, we are in the process of removing him.
We have discovered recently he has mismanaged the account.
I suffer from frequent bouts of bronchitis so the van business is really affecting me. I have today asked the doctor to write a note to confirm these problems.
Any ideas/ suggestions??? We want to move but have had estimations and of course the value has gone down due to the exterior and the van. It would be difficult to sell at the moment with all the problems.
I feel as though I'm living someone else's life!!
Mar 28th 2011, 12:39 pm
#2
Lost in BE Cyberspace
Joined: Apr 2008
Location: Hérault (34)
Posts: 8,888
Re: Neighbour problems
Hello
Can anyone help? We live in an apartment with only 2 other apartments in the converted house.
For 3 years now, and continuing this year we have had so many problems with the neighbours below. We are first floor (a couple) and above is a single man who is great! Below is a family, couple + 2 kids.
I arrived in Feb 2007 and the problems started in 2008. When we bought the flat it was quiet and clean surroundings. The previous owner was a policeman who kept tight control over the neighbours below (so we discovered after).
Sadly I lost my father in December 2007, spent the month in UK. On return the man below had started shouting at his kids every day, several times a day. I asked his wife politely to ask him to try and make an effort to shout less as I was very stressed. For a short while it was better but then restarted so I spoke to him. He replied 'I will try' no apology.
Things got worse after, their patio under our kitchen window became a tip. They started leaving bowls of whole fish for their cats 2/3 months, cat litter trays not cleaned out, various other stuff and piles of trash.
Following these hygiene problems they started slamming doors, screeching chairs on tiled floor.
The shared garden area too became a dumping area and they have monopolised the garden (although they insist they don't). They have installed rabbits (6)in the garden, they are neglected and stink. I am in contact with what used to be the DSV.
We were sold the flat in that we owned all the garden and then discovered it was shared. In fact it's still owned by the previous owner of the whole property (he converted to flats). Can we claim misinformation against the estate agent? (it was told to us verbally)
The latest problem is a van parked in the driveway, smoking every day incl Sunday from 6am. It's a mobile work bread van (he was a baker/ patissier who lost his job 3 years ago). The smoke is right under my bedroom window and can be all day! The smoke is from the wood oven, sometimes he burns wood with paint on, AH! We are unable to open the windows, so dreading the summer. Also need to open due to some damp problems.
We have contacted the DASS, Mairie, CDAD (mediator service) and recently the Gendarmes. All have helped a little but the problems continue. We have been told that the only solution is the courts now, costing more time and money. We are prepared to do this but are still wondering if there are any laws to help us to resolve this quickly.
We have also had syndicate meetings with a small amount of progress but this man is arrogant and stubborn. Even the mayor has had problems with him! Also this idiot is the syndic, we are in the process of removing him.
We have discovered recently he has mismanaged the account.
I suffer from frequent bouts of bronchitis so the van business is really affecting me. I have today asked the doctor to write a note to confirm these problems.
Any ideas/ suggestions??? We want to move but have had estimations and of course the value has gone down due to the exterior and the van. It would be difficult to sell at the moment with all the problems.
I feel as though I'm living someone else's life!!
Can anyone help? We live in an apartment with only 2 other apartments in the converted house.
For 3 years now, and continuing this year we have had so many problems with the neighbours below. We are first floor (a couple) and above is a single man who is great! Below is a family, couple + 2 kids.
I arrived in Feb 2007 and the problems started in 2008. When we bought the flat it was quiet and clean surroundings. The previous owner was a policeman who kept tight control over the neighbours below (so we discovered after).
Sadly I lost my father in December 2007, spent the month in UK. On return the man below had started shouting at his kids every day, several times a day. I asked his wife politely to ask him to try and make an effort to shout less as I was very stressed. For a short while it was better but then restarted so I spoke to him. He replied 'I will try' no apology.
Things got worse after, their patio under our kitchen window became a tip. They started leaving bowls of whole fish for their cats 2/3 months, cat litter trays not cleaned out, various other stuff and piles of trash.
Following these hygiene problems they started slamming doors, screeching chairs on tiled floor.
The shared garden area too became a dumping area and they have monopolised the garden (although they insist they don't). They have installed rabbits (6)in the garden, they are neglected and stink. I am in contact with what used to be the DSV.
We were sold the flat in that we owned all the garden and then discovered it was shared. In fact it's still owned by the previous owner of the whole property (he converted to flats). Can we claim misinformation against the estate agent? (it was told to us verbally)
The latest problem is a van parked in the driveway, smoking every day incl Sunday from 6am. It's a mobile work bread van (he was a baker/ patissier who lost his job 3 years ago). The smoke is right under my bedroom window and can be all day! The smoke is from the wood oven, sometimes he burns wood with paint on, AH! We are unable to open the windows, so dreading the summer. Also need to open due to some damp problems.
We have contacted the DASS, Mairie, CDAD (mediator service) and recently the Gendarmes. All have helped a little but the problems continue. We have been told that the only solution is the courts now, costing more time and money. We are prepared to do this but are still wondering if there are any laws to help us to resolve this quickly.
We have also had syndicate meetings with a small amount of progress but this man is arrogant and stubborn. Even the mayor has had problems with him! Also this idiot is the syndic, we are in the process of removing him.
We have discovered recently he has mismanaged the account.
I suffer from frequent bouts of bronchitis so the van business is really affecting me. I have today asked the doctor to write a note to confirm these problems.
Any ideas/ suggestions??? We want to move but have had estimations and of course the value has gone down due to the exterior and the van. It would be difficult to sell at the moment with all the problems.
I feel as though I'm living someone else's life!!
http://www.lawperationnel.com/Encycl...sVoisinage.htm
gives info on "nuisances du voisinage" and what to do for the various types.
If the neighbours haven't reacted favourably to the steps that you've already taken, then you could call in a Huissier who will observe and record all the nuisances in an official Affidavit, to be used in Court. The mere sight of a Huissier might be enough for them at least to remove everything causing you nuisance.
Hope this helps!
P.S. Is your upstairs neighbour (and those next door) also inconvienced? If they add their voice to yours, your complaint will have greater weight....
Last edited by dmu; Mar 28th 2011 at 12:41 pm.
Mar 28th 2011, 12:50 pm
#3
Forum Regular
Thread Starter
Joined: Mar 2007
Posts: 95
Re: Neighbour problems
Thanks for your quick reply!
We have been advised to take a constat huissier, which I think is probably our only choice.
The neighbour above has added his complaints, he is a tenant. Initially his landlord ignored them but now things are more serious and it's possibly going to affect him renting or selling his flat he is now on board. The other neighbours complain to us but don't want to create a stir. We will move on but they are here long term.
Unfortunately the man below ignores all of our complaints, he now says they are being victimised!! In addition he lies constantly, including inferring we scratched his car recently.
Will look at the website, thanks again.
We have been advised to take a constat huissier, which I think is probably our only choice.
The neighbour above has added his complaints, he is a tenant. Initially his landlord ignored them but now things are more serious and it's possibly going to affect him renting or selling his flat he is now on board. The other neighbours complain to us but don't want to create a stir. We will move on but they are here long term.
Unfortunately the man below ignores all of our complaints, he now says they are being victimised!! In addition he lies constantly, including inferring we scratched his car recently.
Will look at the website, thanks again.
Mar 28th 2011, 2:51 pm
#4
Joined: Mar 2007
Posts: 10,551
Re: Neighbour problems
Hello
Can anyone help? We live in an apartment with only 2 other apartments in the converted house.
For 3 years now, and continuing this year we have had so many problems with the neighbours below. We are first floor (a couple) and above is a single man who is great! Below is a family, couple + 2 kids.
I arrived in Feb 2007 and the problems started in 2008. When we bought the flat it was quiet and clean surroundings. The previous owner was a policeman who kept tight control over the neighbours below (so we discovered after).
Sadly I lost my father in December 2007, spent the month in UK. On return the man below had started shouting at his kids every day, several times a day. I asked his wife politely to ask him to try and make an effort to shout less as I was very stressed. For a short while it was better but then restarted so I spoke to him. He replied 'I will try' no apology.
Things got worse after, their patio under our kitchen window became a tip. They started leaving bowls of whole fish for their cats 2/3 months, cat litter trays not cleaned out, various other stuff and piles of trash.
Following these hygiene problems they started slamming doors, screeching chairs on tiled floor.
The shared garden area too became a dumping area and they have monopolised the garden (although they insist they don't). They have installed rabbits (6)in the garden, they are neglected and stink. I am in contact with what used to be the DSV.
We were sold the flat in that we owned all the garden and then discovered it was shared. In fact it's still owned by the previous owner of the whole property (he converted to flats). Can we claim misinformation against the estate agent? (it was told to us verbally)
The latest problem is a van parked in the driveway, smoking every day incl Sunday from 6am. It's a mobile work bread van (he was a baker/ patissier who lost his job 3 years ago). The smoke is right under my bedroom window and can be all day! The smoke is from the wood oven, sometimes he burns wood with paint on, AH! We are unable to open the windows, so dreading the summer. Also need to open due to some damp problems.
We have contacted the DASS, Mairie, CDAD (mediator service) and recently the Gendarmes. All have helped a little but the problems continue. We have been told that the only solution is the courts now, costing more time and money. We are prepared to do this but are still wondering if there are any laws to help us to resolve this quickly.
We have also had syndicate meetings with a small amount of progress but this man is arrogant and stubborn. Even the mayor has had problems with him! Also this idiot is the syndic, we are in the process of removing him.
We have discovered recently he has mismanaged the account.
I suffer from frequent bouts of bronchitis so the van business is really affecting me. I have today asked the doctor to write a note to confirm these problems.
Any ideas/ suggestions??? We want to move but have had estimations and of course the value has gone down due to the exterior and the van. It would be difficult to sell at the moment with all the problems.
I feel as though I'm living someone else's life!!
Can anyone help? We live in an apartment with only 2 other apartments in the converted house.
For 3 years now, and continuing this year we have had so many problems with the neighbours below. We are first floor (a couple) and above is a single man who is great! Below is a family, couple + 2 kids.
I arrived in Feb 2007 and the problems started in 2008. When we bought the flat it was quiet and clean surroundings. The previous owner was a policeman who kept tight control over the neighbours below (so we discovered after).
Sadly I lost my father in December 2007, spent the month in UK. On return the man below had started shouting at his kids every day, several times a day. I asked his wife politely to ask him to try and make an effort to shout less as I was very stressed. For a short while it was better but then restarted so I spoke to him. He replied 'I will try' no apology.
Things got worse after, their patio under our kitchen window became a tip. They started leaving bowls of whole fish for their cats 2/3 months, cat litter trays not cleaned out, various other stuff and piles of trash.
Following these hygiene problems they started slamming doors, screeching chairs on tiled floor.
The shared garden area too became a dumping area and they have monopolised the garden (although they insist they don't). They have installed rabbits (6)in the garden, they are neglected and stink. I am in contact with what used to be the DSV.
We were sold the flat in that we owned all the garden and then discovered it was shared. In fact it's still owned by the previous owner of the whole property (he converted to flats). Can we claim misinformation against the estate agent? (it was told to us verbally)
The latest problem is a van parked in the driveway, smoking every day incl Sunday from 6am. It's a mobile work bread van (he was a baker/ patissier who lost his job 3 years ago). The smoke is right under my bedroom window and can be all day! The smoke is from the wood oven, sometimes he burns wood with paint on, AH! We are unable to open the windows, so dreading the summer. Also need to open due to some damp problems.
We have contacted the DASS, Mairie, CDAD (mediator service) and recently the Gendarmes. All have helped a little but the problems continue. We have been told that the only solution is the courts now, costing more time and money. We are prepared to do this but are still wondering if there are any laws to help us to resolve this quickly.
We have also had syndicate meetings with a small amount of progress but this man is arrogant and stubborn. Even the mayor has had problems with him! Also this idiot is the syndic, we are in the process of removing him.
We have discovered recently he has mismanaged the account.
I suffer from frequent bouts of bronchitis so the van business is really affecting me. I have today asked the doctor to write a note to confirm these problems.
Any ideas/ suggestions??? We want to move but have had estimations and of course the value has gone down due to the exterior and the van. It would be difficult to sell at the moment with all the problems.
I feel as though I'm living someone else's life!!
Mar 28th 2011, 3:18 pm
#5
Forum Regular
Thread Starter
Joined: Mar 2007
Posts: 95
Re: Neighbour problems
The rabbits are contained, but not sure why they're keeping them. They started out with 2 for pets, the kids were too young and seemed to be afraid of them. Then they added more, didn't ask permission to put the cages in the garden. In fact they installed them when we were back in UK. Think the rabbits are all nearly a year old, not sure what is the oldest age for eating a rabbit? They say they're going to eat them but doens't seem to be any sign of it and he lies so much so .....
We have another neighbour, an old man who breeds rabbits for eating but he takes care of them. I accept this is a part of French life. I object to neglect of the animals and the fact they don't clean them out.
Our Reglement de Copropriete states 'pas malodorant animaux'. The problem is he doesn't apply the rules to them. They have 2 neglected cats too!
We have another neighbour, an old man who breeds rabbits for eating but he takes care of them. I accept this is a part of French life. I object to neglect of the animals and the fact they don't clean them out.
Our Reglement de Copropriete states 'pas malodorant animaux'. The problem is he doesn't apply the rules to them. They have 2 neglected cats too!
Mar 28th 2011, 5:22 pm
#6
BE Enthusiast
Joined: Feb 2011
Location: 42
Posts: 445
Re: Neighbour problems
Hi,
You certainly are being put through the mill and have my sympathies. Have you tried contacting the service d'hygiène at the town hall? They ought to be able to do something on health and safety grounds. Your neighbours are bound to be in violation of some law, either national or a bye-law.
You must get in un hussier to do un constat, but make sure he comes to do it at a time of day when things are at their worst. It'll cost you, but it might help when you go to court which you'll eventually have to. Incidentally I've never heard anyone complaining of any anti-English bias in the French courts' attitudes towards plaintiffs, unless they're football hooligans or drug dealers, which doesn't seem to be your case.
Your town hall may have a legal advisory service which could give you free advice. They usually have une permanence, a couple of mornings a week, usually on Saturday. They will presumably tell you to "Déposer une Plainte" with the Procureur de la République" whose address you will find either at the town hall or in the phone book. This means the first step towards suing.
Have you consulted a lawyer? The initial fee isn't that high usually, and he or she will be able to tell you what to expect. You can trust French lawyers, there isn't a higher number of crooked ones in France than in the UK. I'd have thought that was your best bet, whatever the cost as otherwise things will continue to go from bad to worse.
Is the guy a tenant or the owner? If he's a tenant then he can be evicted in between April 1st and September 30th. If he's the owner, too bad.
In cases of Tapage nocturne (or diurne for that matter) which means excessive noise during the night or day, the police ought to come round if you call them out and they usually do. It's important to keep up the pressure if the case ever does get to court, and have traces of your complaints.
Alas, I have little concrete to suggest, but let us know how things work out.
All the best.
You certainly are being put through the mill and have my sympathies. Have you tried contacting the service d'hygiène at the town hall? They ought to be able to do something on health and safety grounds. Your neighbours are bound to be in violation of some law, either national or a bye-law.
You must get in un hussier to do un constat, but make sure he comes to do it at a time of day when things are at their worst. It'll cost you, but it might help when you go to court which you'll eventually have to. Incidentally I've never heard anyone complaining of any anti-English bias in the French courts' attitudes towards plaintiffs, unless they're football hooligans or drug dealers, which doesn't seem to be your case.
Your town hall may have a legal advisory service which could give you free advice. They usually have une permanence, a couple of mornings a week, usually on Saturday. They will presumably tell you to "Déposer une Plainte" with the Procureur de la République" whose address you will find either at the town hall or in the phone book. This means the first step towards suing.
Have you consulted a lawyer? The initial fee isn't that high usually, and he or she will be able to tell you what to expect. You can trust French lawyers, there isn't a higher number of crooked ones in France than in the UK. I'd have thought that was your best bet, whatever the cost as otherwise things will continue to go from bad to worse.
Is the guy a tenant or the owner? If he's a tenant then he can be evicted in between April 1st and September 30th. If he's the owner, too bad.
In cases of Tapage nocturne (or diurne for that matter) which means excessive noise during the night or day, the police ought to come round if you call them out and they usually do. It's important to keep up the pressure if the case ever does get to court, and have traces of your complaints.
Alas, I have little concrete to suggest, but let us know how things work out.
All the best.
Mar 28th 2011, 5:28 pm
#7
BE Enthusiast
Joined: Feb 2011
Location: 42
Posts: 445
Re: Neighbour problems
Hello
Can anyone help? We live in an apartment with only 2 other apartments in the converted house.
For 3 years now, and continuing this year we have had so many problems with the neighbours below. We are first floor (a couple) and above is a single man who is great! Below is a family, couple + 2 kids.
I arrived in Feb 2007 and the problems started in 2008. When we bought the flat it was quiet and clean surroundings. The previous owner was a policeman who kept tight control over the neighbours below (so we discovered after).
Sadly I lost my father in December 2007, spent the month in UK. On return the man below had started shouting at his kids every day, several times a day. I asked his wife politely to ask him to try and make an effort to shout less as I was very stressed. For a short while it was better but then restarted so I spoke to him. He replied 'I will try' no apology.
Things got worse after, their patio under our kitchen window became a tip. They started leaving bowls of whole fish for their cats 2/3 months, cat litter trays not cleaned out, various other stuff and piles of trash.
Following these hygiene problems they started slamming doors, screeching chairs on tiled floor.
The shared garden area too became a dumping area and they have monopolised the garden (although they insist they don't). They have installed rabbits (6)in the garden, they are neglected and stink. I am in contact with what used to be the DSV.
We were sold the flat in that we owned all the garden and then discovered it was shared. In fact it's still owned by the previous owner of the whole property (he converted to flats). Can we claim misinformation against the estate agent? (it was told to us verbally)
The latest problem is a van parked in the driveway, smoking every day incl Sunday from 6am. It's a mobile work bread van (he was a baker/ patissier who lost his job 3 years ago). The smoke is right under my bedroom window and can be all day! The smoke is from the wood oven, sometimes he burns wood with paint on, AH! We are unable to open the windows, so dreading the summer. Also need to open due to some damp problems.
We have contacted the DASS, Mairie, CDAD (mediator service) and recently the Gendarmes. All have helped a little but the problems continue. We have been told that the only solution is the courts now, costing more time and money. We are prepared to do this but are still wondering if there are any laws to help us to resolve this quickly.
We have also had syndicate meetings with a small amount of progress but this man is arrogant and stubborn. Even the mayor has had problems with him! Also this idiot is the syndic, we are in the process of removing him.
We have discovered recently he has mismanaged the account.
I suffer from frequent bouts of bronchitis so the van business is really affecting me. I have today asked the doctor to write a note to confirm these problems.
Any ideas/ suggestions??? We want to move but have had estimations and of course the value has gone down due to the exterior and the van. It would be difficult to sell at the moment with all the problems.
I feel as though I'm living someone else's life!!
Can anyone help? We live in an apartment with only 2 other apartments in the converted house.
For 3 years now, and continuing this year we have had so many problems with the neighbours below. We are first floor (a couple) and above is a single man who is great! Below is a family, couple + 2 kids.
I arrived in Feb 2007 and the problems started in 2008. When we bought the flat it was quiet and clean surroundings. The previous owner was a policeman who kept tight control over the neighbours below (so we discovered after).
Sadly I lost my father in December 2007, spent the month in UK. On return the man below had started shouting at his kids every day, several times a day. I asked his wife politely to ask him to try and make an effort to shout less as I was very stressed. For a short while it was better but then restarted so I spoke to him. He replied 'I will try' no apology.
Things got worse after, their patio under our kitchen window became a tip. They started leaving bowls of whole fish for their cats 2/3 months, cat litter trays not cleaned out, various other stuff and piles of trash.
Following these hygiene problems they started slamming doors, screeching chairs on tiled floor.
The shared garden area too became a dumping area and they have monopolised the garden (although they insist they don't). They have installed rabbits (6)in the garden, they are neglected and stink. I am in contact with what used to be the DSV.
We were sold the flat in that we owned all the garden and then discovered it was shared. In fact it's still owned by the previous owner of the whole property (he converted to flats). Can we claim misinformation against the estate agent? (it was told to us verbally)
The latest problem is a van parked in the driveway, smoking every day incl Sunday from 6am. It's a mobile work bread van (he was a baker/ patissier who lost his job 3 years ago). The smoke is right under my bedroom window and can be all day! The smoke is from the wood oven, sometimes he burns wood with paint on, AH! We are unable to open the windows, so dreading the summer. Also need to open due to some damp problems.
We have contacted the DASS, Mairie, CDAD (mediator service) and recently the Gendarmes. All have helped a little but the problems continue. We have been told that the only solution is the courts now, costing more time and money. We are prepared to do this but are still wondering if there are any laws to help us to resolve this quickly.
We have also had syndicate meetings with a small amount of progress but this man is arrogant and stubborn. Even the mayor has had problems with him! Also this idiot is the syndic, we are in the process of removing him.
We have discovered recently he has mismanaged the account.
I suffer from frequent bouts of bronchitis so the van business is really affecting me. I have today asked the doctor to write a note to confirm these problems.
Any ideas/ suggestions??? We want to move but have had estimations and of course the value has gone down due to the exterior and the van. It would be difficult to sell at the moment with all the problems.
I feel as though I'm living someone else's life!!
Where do you live?
Mar 28th 2011, 5:51 pm
#8
Forum Regular
Thread Starter
Joined: Mar 2007
Posts: 95
Re: Neighbour problems
Hi Peabrain
We're in Franche Comte, Belfort. I'd never heard of it before living here and French people don't seem to know the area either!
Unfortunately the guy is an owner, so the DASS (environmental health)weren't able to help although the woman I spoke to was very helpful.
We have already consulted the advisory bods, the CDAD 90. They offer advice and mediation service which we have already used.
We have already had the mayor summon them, then the mediators, called the gendarmes but they are a law unto themselves!!
Fortunately we have other neighbours who are lovely, so reluctant to leave the village we live in near Belfort.
Think the huissier is our only solution. We are also chasing the notaire trying to transfer the garden over to us as written in deeds. Unfortunately this guy won't play ball either, he's insisting he's going to build garages (already refused). If we had control over the garden we could kick them out, tidy it up and free the rabbits from a life of misery.
Yes, we are going through the mill. Next time will be a house and I will check the cadastre etc. My partner is always immersed in work and I'm still getting to grips with French.
The noise issue has improved, but for how long who knows?
Thanks for your help. We have so far received support from the French authorities but they seem limited in what they can do.
We're in Franche Comte, Belfort. I'd never heard of it before living here and French people don't seem to know the area either!
Unfortunately the guy is an owner, so the DASS (environmental health)weren't able to help although the woman I spoke to was very helpful.
We have already consulted the advisory bods, the CDAD 90. They offer advice and mediation service which we have already used.
We have already had the mayor summon them, then the mediators, called the gendarmes but they are a law unto themselves!!
Fortunately we have other neighbours who are lovely, so reluctant to leave the village we live in near Belfort.
Think the huissier is our only solution. We are also chasing the notaire trying to transfer the garden over to us as written in deeds. Unfortunately this guy won't play ball either, he's insisting he's going to build garages (already refused). If we had control over the garden we could kick them out, tidy it up and free the rabbits from a life of misery.
Yes, we are going through the mill. Next time will be a house and I will check the cadastre etc. My partner is always immersed in work and I'm still getting to grips with French.
The noise issue has improved, but for how long who knows?
Thanks for your help. We have so far received support from the French authorities but they seem limited in what they can do.
Mar 31st 2011, 4:36 pm
#9
Forum Regular
Thread Starter
Joined: Mar 2007
Posts: 95
Re: Neighbour problems
Progress today, I called into the dept hygiene in Belfort. Initially the guy said we don't deal with your village, only Belfort. I insisted, telling him the problems and that I was searching for the law re vehicles polluting etc.
Voila! he found article 63 which covers our problem with the van, distance is 8metres from the premises (not immediately under my window).
Tomorrow we're going to the gendarmes with this info (a copy of the law) and may have to go to the DASS. It's where I started but the guy today gave me a contact.
I haven't encountered any anti Brit attitude, only slow progress!
Thanks to all for suggestions, will keep you posted. If this guy moves I will let you know in case he's moving near you, don't give him an inch .....
Voila! he found article 63 which covers our problem with the van, distance is 8metres from the premises (not immediately under my window).
Tomorrow we're going to the gendarmes with this info (a copy of the law) and may have to go to the DASS. It's where I started but the guy today gave me a contact.
I haven't encountered any anti Brit attitude, only slow progress!
Thanks to all for suggestions, will keep you posted. If this guy moves I will let you know in case he's moving near you, don't give him an inch .....
Mar 31st 2011, 5:30 pm
#10
BE Forum Addict
Joined: Aug 2008
Location: 32 Gers ; Between Toulouse and Auch
Posts: 1,395
Re: Neighbour problems
good luck! I have read your post with horror!
Apr 1st 2011, 7:01 am
#11
Forum Regular
Thread Starter
Joined: Mar 2007
Posts: 95
Re: Neighbour problems
Thanks, I've been living a life of horror!
Toulouse is a place I'd love to move to. It's possible as my partner's company has an office there. We are hoping to move south in the next 2/3 years, Toulouse, Marseille or Lyon.
It's great to have support, thanks all!
Toulouse is a place I'd love to move to. It's possible as my partner's company has an office there. We are hoping to move south in the next 2/3 years, Toulouse, Marseille or Lyon.
It's great to have support, thanks all!
Apr 1st 2011, 6:32 pm
#12
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Joined: Aug 2008
Location: 32 Gers ; Between Toulouse and Auch
Posts: 1,395
Re: Neighbour problems
OOPs! Must update my location! Have now moved to 30mins from Toulouse (thought I still work there) We now live in the wilds west of Toulouse between toulouse and Auch;
I feel very lucky to live here
I feel very lucky to live here
Apr 4th 2011, 2:50 pm
#13
BE Enthusiast
Joined: Jan 2009
Location: Dordogne
Posts: 312
Re: Neighbour problems
Have been following this thread with horror. I am totally unable to offer any help except to wish you all success in your attempts to resolve this awful problem.
Apr 5th 2011, 6:16 am
#14
Forum Regular
Thread Starter
Joined: Mar 2007
Posts: 95
Re: Neighbour problems
Ever feel as though you're going round in circles? We went to the gendarmes last Friday with the copy of article 63. We had a lovely young guy who consulted his boss and then advised us to write to the Procureur de Republique. Yesterday I went to the DASS, now ARS in Belfort. I have been advised to either refer the problem back to the mayor or write to the procureur. However this guy feels the procureur will probably dismiss the problem, apparently not serious enough for him to deal with. The other option with the mayor may take a long time if the idiot below chooses to ignore him. We have another meeting this Friday with the mediator service, going to ask for advice. Inbetween I'm going to the DDSV now DDCSPP, they may possibly be able to help as it's a bread van.
This morning I had to leave my bedroom at 6.30 due to heavy smoke, making me feel ill and frustrated!
Anyone want to buy a flat????
This morning I had to leave my bedroom at 6.30 due to heavy smoke, making me feel ill and frustrated!
Anyone want to buy a flat????
Apr 11th 2011, 9:07 am
#15
Forum Regular
Thread Starter
Joined: Mar 2007
Posts: 95
Re: Neighbour problems
Next installment .....
I went to the mairie again this morning armed with article 63 and apparently it doesn't apply! They still can't find any law that prevents this guy from smoking me out every day. The mayor has already asked him to park elsewhere or fit a high chimney to his van, obviously he has done neither.
Now the mairie are going to contact the Chambre de Metier to check his company registration, question whether he has the right to operate here etc and pollution aspect. At the same time we're going to contact the CH de Metier, add more weight to the query.
It's Monday, so idiot is selling bread etc in the village for a couple of hours. I can open my windows and breathe normally!
I went to the mairie again this morning armed with article 63 and apparently it doesn't apply! They still can't find any law that prevents this guy from smoking me out every day. The mayor has already asked him to park elsewhere or fit a high chimney to his van, obviously he has done neither.
Now the mairie are going to contact the Chambre de Metier to check his company registration, question whether he has the right to operate here etc and pollution aspect. At the same time we're going to contact the CH de Metier, add more weight to the query.
It's Monday, so idiot is selling bread etc in the village for a couple of hours. I can open my windows and breathe normally!